以实例探析书写错误导致的瑕疵票据权利的审查与认定

A Case Study of the Examination and Determination of the Power of Defective Bills Caused by Writing Errors

因书写错误等原因造成的背书形式差异,未必导致持票人丧失票据权利。如果持票人能够举证证明背书形式差异系因笔误等合理原因造成,以及取得票据的合法途径,进而证明票据流转具备合法性,且背书具有对象同一性,其仍然享有票据权利,其票据权利应当予以保护。

Differences in the form of endorsement due to writing errors and other reasons may not necessarily cause the holder to lose the right to the bill.And if the bearer can prove that the difference in the form of the endorsement is due to reasonable reasons such as clerical errors and the legal way to obtain the bill,and then prove that the circulation of the bill is legal and that the endorsement has the same identity,it still enjoys the rights of the bill and its bill rights It should be protected.